This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Averitt                                                      S.B. No. 1667
	(In the Senate - Filed March 14, 2003; March 20, 2003, read 
first time and referred to Committee on Business and Commerce; 
April 10, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; April 10, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1667                                   By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to authorization of Federal Bureau of Investigation 
background checks and access to criminal history record information 
for mortgage broker and loan officer license applicants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 156.206, Finance Code, 
as amended by Chapters 337, 407, and 867, Acts of the 77th 
Legislature, Regular Session, 2001, is reenacted and amended to 
read as follows:
	(b)  The commissioner shall obtain criminal history record 
information on an applicant that is maintained by the Department of 
Public Safety and shall obtain criminal history record information 
from [on an applicant maintained by] the Federal Bureau of 
Investigation on each applicant for a mortgage broker or loan 
officer license under this chapter.  Each applicant must be 
fingerprinted and must submit fingerprints and other necessary 
information with the application.  The commissioner is authorized 
to submit the fingerprints to the Federal Bureau of Investigation, 
and the Department of Public Safety is designated to be the 
recipient of the results of the record check [By rule, the finance 
commission may require applicants to submit information and 
fingerprints necessary for the commissioner to obtain criminal 
background information from the Federal Bureau of Investigation].  
The commissioner may also obtain criminal history record 
information from any court or any local, state, or national 
governmental agency.
	SECTION 2.  Section 156.206, Finance Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  Notwithstanding Subsection (c), criminal history record 
information obtained from the Federal Bureau of Investigation may 
only be disseminated to governmental entities or as authorized by 
federal law, federal executive order, or federal rule.
	SECTION 3.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1385 to read as follows:
	Sec. 411.1385.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION:  SAVINGS AND LOAN COMMISSIONER.  (a)  The savings and 
loan commissioner may obtain from the department criminal history 
record information maintained by the department that relates to a 
person who is an applicant for or holder of a mortgage broker or 
loan officer license issued under Chapter 156, Finance Code.
	(b)  Criminal history record information obtained by the 
savings and loan commissioner under Subsection (a) may not be 
released or disclosed unless:
		(1)  the criminal history record information is a 
public record at the time the savings and loan commissioner obtains 
the information; or
		(2)  the savings and loan commissioner releases the 
criminal history record information:
			(A)  under order from a court;                                        
			(B)  with the consent of the person who is the 
subject of the information;
			(C)  to an agent of the person who is the subject 
of the information; or
			(D)  to a governmental agency.                                        
	(c)  Notwithstanding Subsection (b), criminal history record 
information obtained from the Federal Bureau of Investigation may 
only be disseminated to governmental entities or as authorized by 
federal law, federal executive order, or federal rule.
	SECTION 4.  This Act takes effect September 1, 2003.                           



* * * * *